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High Court of KeralaWP(C)/7614/2015closed

Nature Super Market v. The Varkala Municipality

2015-07-10Honourable Mr. Justice A.V.Ramakrishna Pillai3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI FRIDAY, THE 10TH DAY OF JULY 2015/19TH ASHADHA, 1937 WP(C).No. 7614 of 2015 (B) ------------------------------------- PETITIONER(S):

----------------------- NATURE SUPER MARKET, A FILM REGISTERED UNDER THE INDIAN PARTNERSHIP ACT, HAVING ITS OFFICE AT V.M.C. 6/219 BCDEF, NEAR MUNICIPAL BUS STAND, VARKALA, AGED 59 YEARS, D/O.SREEDHARAN, RESIDING AT SWAPNA NIVAS, VILAKKATHU KONAM, PAZHAYAKUNNUMMEL, KILIMANOOR P.O., PAZHAYAKKUNNUMMEL VILLAGE, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM DISTRICT.

BY ADVS.SRI.JOHNSON GOMEZ SRI.S.BIJU (KIZHAKKANELA) RESPONDENT(S):

-------------------------- 1.

THE VARKALA MUNICIPALITY, OFFICE OF THE VARKALA MUNICIPALITY, VARKALA, THIRUVANANTHAPURAM - 695 141, REPRESENTED BY ITS SECRETARY.

2.

THE CHAIRMAN, THE VARKALA MUNICIPALITY, OFFICE OF THE VARKALA MUNICIPALITY, VARKALA, THIRUVANANTHAPURAM - 695 141.

3.

THE SECRETARY, THE VARKALA MUNICIPALITY, OFFICE OF THE VARKALA MUNICIPALITY, VARKALA, THIRUVANANTHAPURAM - 695 141.

4.

K.SURYA PRAKASH, THE CHAIRMAN, THE VARKALA MUNICIPALITY, OFFICE OF THE VARKALA MUNICIPALITY, VARKALA, THIRUVANANTHAPURAM - 695 141.

BY ADV. SRI.M.R.RAJESH, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

WP(C).No. 7614 of 2015 (B) ------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

-------------------------------------- EXT.P1: A CERTIFIED COPY OF THE COMMON JUDGMENT DTD.12TH DECEMBER 2014 IN WP(C) NO.24172 OF 2014 AND 23737 OF 2014 PASSED BY THIS HON'BLE COURT.

EXT.P2: A TRUE COPY OF THE ORDER NO.A2-13160/2014 DTD.27.1.2015 ISSUED BY THE SECRETARY OF THE VARKALA MUNICIPALITY.

EXT.P2A: A TRUE COPY OF ENGLISH TRANSLATION OF EXT.P2. EXT.P3: A TRUE COPY OF THE NOTICE DTD.30.1.2015 ISSUED BY THE RESPONDENT. EXT.P3A: A TRUE COPY OF THE ENGLISH TRANSLATION OF EXT.P3. EXT.P4: A TRUE COPY OF THE COUNTER AFFIDAVIT DTD.4TH FEBRUARY 2015 IN COC NO.144 OF 2015 FILED BY THE FOURTH RESPONDENT. EXT.P4A: A TRUE ENGLISH TRANSLATION OF ANNEXURE R1A IN EXT.P4. RESPONDENT(S)' EXHIBITS:

----------------------------------------- NIL //TRUE COPY// P.S.TO JUDGE Msv/

A.V.RAMAKRISHNA PILLAI, J -------------------------------------------------- WPC Nos.7614/2015 & 12275/2015 -------------------------------------------------- Dated this the 10th day of July, 2015

JUDGMENT

The petitioners are challenging the order passed by the 4th respondent in WPC No.7614/2015 staying Ext.P2 order, which, according to the petitioners, was issued pursuant to Ext.P1 judgment.

According to the petitioner in WPC No.7614/2015 that this Court granted an interim stay on 17.4.2015 suspending the operation of Ext.P3 which is applicable to the other writ petition also.

Today when the matter came up for hearing, the learned counsel for both sides submitted that the writ petitions can be closed in the light of the interim order already passed. Therefore, these writ petitions are closed making the interim order absolute.

sd/- A.V.RAMAKRISHNA PILLAI JUDGE css/ true copy P.S.TO JUDGE